SAN JOSE CITY COUNCIL
AMENDED AGENDA

AUGUST 12, 2003

To arrange an accommodation under the Americans with Disabilities Act to participate in this public meeting, please call 1 (408) 277-4424 or 1 (408) 998-5299 (TTY) at least two business days before the meeting.

On occasion the City Council may consider agenda items out of order.

·                   Call to Order and Roll Call

            9:30 a.m.  -   Closed Session, Room 600, City Hall

                                    See Separate Agenda

            1:30 p.m.  -   Regular Session, Council Chambers, City Hall

·                   Invocation (District 7)

·                   Pledge of Allegiance

·                   Orders of the Day

            Items marked with an asterisk (*) denote changes or additions to the previously published Agenda for this meeting.

         *          See New Item 2.16, Approval of a Distribution Service and Extension Agreement with Pacific Gas and Electric.  
ADJOURNMENT:  This meeting will be adjourned in memory of Glenna M. Brambill and Jacob Erber Steinberg.

            Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.

1     CEREMONIAL ITEMS

1.1       Presentation of a commendation for the volunteers of the Nor Cal Hershey State.  (Dando)
*TO BE HEARD WITH ITEM 1.3

1.2       Presentation of plaques to Mike Ellzey for 6 years service on the Downtown Parking Board; to Melissa Shih for 3 years service on the Youth Commission; to Surendra Amin for 3 years 6 months service on the Advisory Commission on Rents; to Sunil Baliga for 4 years service on the Arts Commission; to Stephen Belkin for 3 years service on the Arts Commission; and to Edna Sewill for 4 years service on the Library Commission.  (Mayor)

1.3       Presentation of a commendation to Judith M. Baxter for receipt of the Jack W. Rose Memorial Award for outstanding work on the Northern California Hershey State Track Meet.  (Parks, Recreation and Neighborhood Services)
*TO BE HEARD WITH ITEM 1.1

*1.4       Presentation of a commendation to the Fil-Am Veterans Rondalla for contributions to the community.  (Reed)

            (Rules in Lieu referral 8/6/03)

2     CONSENT CALENDAR

Notice to the public:  There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion.  If a member of the City Council, staff, or public requests discussion on a particular item, that item will be removed from the Consent Calendar and considered separately.

2.1              Approval of Minutes.

            Recommendation:  Approval of City Council Minutes for:

            (a)        Regular meeting of November 19, 2002

            (b)        Regular meeting of November 26, 2002

            (c)        Regular meeting of December 3, 2002

            (d)        General Plan meeting of December 3, 2002

            (e)        Joint Council/Redevelopment Agency Board/Santa Clara County Board of Supervisors meeting of December 9, 2002

            (f)         Regular meeting of December 10, 2002

            (g)        Joint Council/Redevelopment Agency Board meeting of December 10, 2002

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26937 – Amends Section 25.16.030 of Chapter 25.16 of Title 25 of the San José Municipal Code to authorize towing of vehicles parked in violation of airport parking prohibitions or parked at any portion of the airport parking facilities which is restricted or otherwise prohibited pursuant to applicable federal law or regulations.

            (b)        ORD. NO. 26942 – Adds a new Section 23.02.1220 to Chapter 23.02 of Title 23 of the San José Municipal Code and amends Sections 23.04.010, 23.04.020, and 23.04.030 of Part 1 of Chapter 23.04 of Title 23 to establish signage regulations for the Capitol Expressway Auto Mall Signage Area.

2.3              Approval to award a contract for the Alum Rock Park Entrance Project.

            Recommendation:  Report on bids and take appropriate action based on the evaluation of bids for the Alum Rock Park Entrance Project.  CEQA:  Exempt, PP02-08-213.  Council Districts 4 and 5.  (Public Works)

            (Deferred from 6/24/03 – Item 2.42)

            RECOMMEND DEFERRAL TO 8/26/03

2.4              Approval to reject bids for the Evergreen Community Center Expansion Project.

            Recommendation:  Approval to reject all bids for the Evergreen Community Center Expansion Project, and authorization for the Director of Public Works to re-advertise and re-bid the project.  CEQA:  Exempt, PP 02-05-103.  Council District 8.  (Public Works)

            (Deferred from 6/24/03 – Item 2.45)

2.5              Acceptance of findings reports from the Office of the City Auditor.

            Recommendation:

            (a)        Acceptance of the finding reports from Kafoury, Armstrong, & Company, LLP, for the quarter ending December 30, 2002, relating to the Bay 101 Conditional Approval of Stock Transfer.

            (b)        Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through June 15, 2003.

            (City Auditor)

2.6              Election 2004 – Voluntary Expenditure Limits.

            Recommendation:  Adoption of a resolution setting population figures to calculate the Voluntary Expenditure Limits for the 2004 Municipal Election Cycle.  (City Clerk)

2.7              Approval to augment grants from the Arts Venture Fund.

            Recommendation:  Adoption of a resolution authorizing the City Manager to augment approved FY 2003-2004 Operating Grants, Project & Program Grants, and Festival, Parade and Celebration Grants with proportional increases from the Arts Venture Fund, in a total amount not to exceed $234,412.  CEQA:  Not a project.  (Conventions, Arts and Entertainment)

2.8              Approval to declare property as surplus and to set a date for opening of bids and a verbal auction.

            Recommendation:  Adoption of a resolution: (1) declaring thirteen (13) parcels of City-owned property located in Council Districts 3, 4, 5, 6, 9, and 10, respectively, surplus to the needs of the City; and (2) setting the time and date for the opening of sealed bids and a verbal auction of the thirteen properties on October 20, 2003 at 7:00 p.m.  Council Districts 3, 4, 5, 6, 9, and 10.  CEQA:  Exempt, PP00-02-023.  (General Services) 

2.9             Approval of an agreement for the purchase of property located at 1495 Stone Creek Drive.

*            Recommendation:  Approval of an agreement in the amount of $611,733, with Stephanie J. Mattos, Surviving Trustee of the David W. Mattos Living Trust created July 19, 2002, and John R. Mattos, II and Inez M. Mattos, Trustees of the John R. Mattos, II and Inez M. Mattos Revocable Living Trust Agreement dated April 10, 2002, for the purchase of a portion of property located at 1495 Stone Creek Drive together with the purchase of two temporary construction easements on adjacent portions and authorization for the Director of Public Works to execute the necessary documents to complete the transaction.  CEQA:  Negative Declaration, PP87-05-128.  Council District 4.  (Public Works)

2.10          Approval to award a contract for the Gleason Avenue Mini Park Project.

            Recommendation:

            (a)        Report on bids and award of bid for the Gleason Avenue Mini Park Project to the second lowest bidder, Beacon Construction, Inc., in the amount of $106,243, and approval of a contingency in the amount of $5,000.

            (b)        Adoption of the following appropriation ordinance and funding source resolution amendments in the Council District 1 Construction and Conveyance Tax Fund:

                        (1)        Increase the appropriation to the Parks, Recreation and Neighborhood Services Department for the Gleason Avenue Streetscape Project by $87,000.

                        (2)        Increase the Beginning Fund Balance estimate by $87,000.

            CEQA:  Exempt, PP02-06-143.  Council District 1.  SNI:  Blackford.  (Public Works/City Manager's Office)

2.11          Approval to award a contract for the Glenview Park Play Lot Renovation Project.

            Recommendation:  Report on bids and award of contract for the Glenview Park Play Lot Renovation Project to the low bidder, Lone Star Landscape, Inc., in the amount of $116,000, and approval of a contingency in the amount of $12,000.  CEQA:  Exempt, PP03-05-170.  Council District 10.  (Public Works)

2.12          Approval to award a contract for the Willow Glen & Rose Garden Area Sanitary Sewer Rehabilitation Project.

            Recommendation:  Report on bids and award of contract for the Willow Glen & Rose Garden Area Sanitary Sewer Rehabilitation Project to the low bidder, Gelco Services, Inc., in the amount of $323,260, and approval of a contingency in the amount of $32,000.  CEQA:  Exempt, PP03-04-118.  Council District 6.  (Public Works)

2.13          Approval of a Change Order for the Animal Care Center.

            Recommendation:  Approval of Contract Change Order No. 17 with Dennis J. Amoroso Construction for the Animal Care Center - Building and Site Improvements Revised in the amount of $235,000 for a total contract amount of $10,609,560.  CEQA:  Negative Declaration, H01-01-003.  (Public Works)

2.14          Approval of an agreement to relocate existing water facilities at the Airport.

            Recommendation:  Approval of an agreement with San Jose Water Company for relocation of existing water facilities for the Norman Y. Mineta San José International Airport - Cargo Ramp Security and Taxiway Improvements Project for a total amount not to exceed $321,090.  CEQA:  Resolution Nos. 67380 and 71451, PP 03-04-136.  (Public Works)

2.15          Approval of a 90-day extension of a promissory note.

            Recommendation:  Approval of a 90-day extension of a $250,000 promissory note due to the City of San José from Mr. Jay Marcus, through November 10, 2003.  (Redevelopment Agency)

2.16     Approval of an agreement related to the Guadalupe River Bridge at Almaden Lake Project.

*            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a Distribution Service and Extension Agreement with Pacific Gas and Electric for utility coordination for the Guadalupe River Bridge at Almaden Lake Project, for a total agreement amount of $218,018.  CEQA:  Mitigated Negative Declaration, PP03-04-110.  Council District 10.  (Public Works)

            (Orders of the Day)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

*3.2       Report of the Rules in Lieu Committee – July 30, 2003

            Vice Mayor Dando, Chair

            (a)        Redevelopment Agency items reported out at Redevelopment Agency meeting

            (b)        City Council

                        (1)        Review August 12, 2003 Draft Agenda

                        (2)        Add New Items to August 12, 2003 Agenda

                        (3)        Staff Reports Outstanding

            (c)        Legislative Update

                        (1)        State

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

            (g)        Council Referrals for Assignment to Administration or Council Appointee

            (h)        Administrative Reviews and Approval

            (i)         Oral communications

            (j)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

3.4              Campaign Finance Review and Ethics Board Interviews.

            Recommendation:  Interview applicants to the Campaign Finance Review and Ethics Board for two four-year terms ending March 1, 2007.  (City Clerk)

            (Continued from 5/27/03 – Item 3.4)

            RECOMMEND DEFERRAL TO 8/19/03 TO BE HEARD LAST IN THE AFTERNOON

3.5              Approval to establish FY 2003-2004 Property Tax Levy for General Obligation Bond Debt.

            Recommendation:  Adoption of a resolution establishing the FY 2003-04 property tax levy for all taxable property for general obligation bonded indebtedness.  CEQA:  Not a project.  (Finance)

3.6              Public Hearing and approval of the Fiscal Year 2003-2004 Annual Sanitary Sewer Service and Use Charge and Storm Sewer Service Charge Reports.

            Recommendation:  PUBLIC HEARING and adoption of a resolution establishing the Fiscal Year 2003-2004 Annual Sanitary Sewer Service and Use Charge and Storm Sewer Service charges report filed with the City Clerk’s Office to hear any protest thereon, and approve the placement, with modifications Council may make, of Sanitary Sewer and Use charges and Storm Sewer Service charges on the 2003/2004 tax roll.  CEQA:  Not a project.  (Finance)

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee

            Council Member Chavez, Chair

4.2              Report of the Driving a Strong Economy Committee – June 23, 2003

            Council Member Williams, Chair
Summary

            (a)        Policy Review of the Secondary Units Programs

            (b)        Review and Discussion of Housing Production in San José

            (c)        Homeless Strategy

            (d)        Habitat Conservation Plan

            (e)        Oral petitions

            (f)         Adjournment

4.3              Review and discussion of the prioritization process of Trails.

            Recommendation:  Review and discussion of the prioritization process of Trails.  (Parks, Recreation and Neighborhood Services)

            [Building Strong Neighborhoods Committee referral 6/16/03 – Item 4.1(d)]

            (Deferred from 6/24/03 – Item 4.9)
*RECOMMEND DEFERRAL TO 8/26/03

4.4              Public Hearing on the conditional vacation of a portion of Mill Street west of Hope Street.

            Recommendation:  PUBLIC HEARING and adoption of a resolution conditionally vacating a portion of Mill Street west of Hope Street, reserving a public service easement and an ingress and egress easement over the vacated area on the condition that the County of Santa Clara accepts a quitclaim deed for the easement for ingress and egress and maintenance thereof.  CEQA:  Exempt, PP03-02-044.  Council District 4.  (Public Works)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Public Hearing and approval of an ordinance granting a Commercial Solid Waste and Recyclables Collection Franchise.

*            Recommendation:  PUBLIC HEARING on the Commercial Solid Waste and Recyclables Collection Franchise application of Recycling and Waste Services, Inc., and approval of an ordinance granting the franchise, and approval of a Commercial Solid Waste and Recyclables Collection Franchise agreement with Recycling and Waste Services, Inc.  CEQA:  Not a project.  (Environmental Services)

            (Council referral 6/24/03 – Item 7.1)

7.2              Public Hearing and approval of an ordinance granting a Commercial Solid Waste and Recyclables Collection Franchise.

            Recommendation:  PUBLIC HEARING on the Commercial Solid Waste and Recyclables Collection Franchise application of Sonrise Consolidated, Inc., approval of an ordinance granting the franchise, and approval of Commercial Solid Waste and Recyclables Collection Franchise agreement with Sonrise Consolidated, Inc.  (Environmental Services)

7.3              Approval of various actions related to recycled water.

Recommendation:  Adoption of a resolution authorizing the Director of Environmental Services to:

(a)        Include industrial and dual plumb uses of recycled water (including cooling towers) in the previously authorized South Bay Water Recycling (SBWR) mid size group bid retrofit program, so long as the amount of each retrofit does not exceed $2,000 per acre-foot of estimated water usage, and a total of $200,000 per site; and, 

            (b)        Negotiate and execute agreements with property owners to allow the retrofit construction to be done at City expense, provided that the property owner(s) agrees to assume full responsibility for operation and maintenance of improvements once constructed, and to continue to use recycled water for a period of at least five (5) years.

            CEQA:  Resolution No. 64667, PP03-05-150.  (Environmental Services)
*RECOMMEND DEFERRAL TO 8/19/03

8     AVIATION SERVICES

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

·                   Closed Session Report

·                   Notice of City Engineer’s Pending Decision on Final Maps

   In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:

            In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:

·                   Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.

·                   Adjournment

          *  Adjourn to a Special Meeting, Wednesday, August 13, 2003, at 9:30 a.m. for a Informational Public Art Walking Tour beginning at the site of “Five Skaters” located in Arena Green across from the HP Pavilion on Autumn Street near Santa Clara..